DARAAN
Ii104-10333-10073 | 2025 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992

FOR OFFICIAL USE ONLY

11 May 1994

NOTE FOR THE FILE
SUBJECT: JFK Board Clearances

From/Ed Howellj, os:

All board members but Graff cleared. Graff may be
cleared by end of today.

Briefing of board members:

~ CIA merely says yes or no
foo

- clearances are SI/TIK/GAMMA/

- office of Craig Livingston, White House could brief
the board.

- Chuck Easley in Livingston's office could do

briefing. He is OPM staffer assigned to
White House.

FOR OFFICIAL USE ONLY

13-00000 :
JUN G? '95 117 4zAN Pod

«CIT VISIT CERTIFICATION REQUEST
COLLATERAL CLEARANCES ayer SCI ACCESSES ~
é

Requester “TK Acy phone "724-0088 org OSas< aahion

fKRe-yiew td
PERSON(S) TO BE CERTIFIED:
(Provide * for collateral requests only. Dates = Yr/Ma/Day)

Name Zin | aa CR DWSY Dy

*Date of birth (22. - 26T= & Sf *Place of birth

DED
#Clne date/org C_-Juon-4S/ BI/Org = =

—_——

Name : SSN _ org

‘#Date of birth -_ = *Place ef birth

*Clne date/org - - / *DOBI/Org - - /

Name SSN org

*Date of birth -_- *Place of birth

*Clnc date/org =~ *DOBL/Org _- -/
CLNCS/ACCESSES REQUIRED: ’ ’ ’ ’

Site of visit A i ADL) ay, teyrew orb,
Date(s) of visit (From) OLSONIS (To) SIN Le

Point of contact Soh a! Pe CC ben Phone ( )3S5/- a

Purpose of visit

cOTR Agency business? Y N

Received at CIT by Date


13-00000

i : FOR OFFICIAL USE ONLY

16 May 1994

NOTE FOR THE FILE

SUBJECT: JFK Board Clearances

OS/Clearance Division (Edward) advised us today
(16 May) that Board member Henry Graff has been cleared.

This completes the clearances for Board members.

FOR OFFICIAL USE ONLY

13-00000

.. es

FOR OFFICIAL USE ONLY

27 October 1994

NOTE FOR THE FILE

SUBJECT: JFK Board/Security Clearances

1. On 27 October, I called Terry O'Connor, FBI to
provide him with the following information that he had
requested.

The CIA contact person for receiving clearances
on staff members of the JFK Board is:

 Pist-Rewer ; Chief /Clearance Division, os ..
d YeeaeIE = \ Da le—tnatuel gore} Clea tence duties x YIC2O/
een Tel: 703-482-5620)

Sec Fax: 703 - -893- 52357

Uncl Fax: (703 - “356- 6452

2. (Bower Ss) secure phone no: aoey (not passed to FBI).

3. O'Connor said that the FBI is processing clearances
for four members of the Board'staff. He also said that
David Marwell's clearances have been completed.

GL.
John Pereira

cc: File
Harrelson
Boyd’

~E7ER HRG

10 February 1995
To: C/HRG

Subject: PC Support for Assassination Record Review. Board
(ARRB) Reviewers

Attached is, Scott 'Nann’, note on INFOSEC procedures.

It appears that the ARRB reviewers will be able to take lap-
tops in and out of the building as long as security
requirement for handling classified diskettes and Classified
PCs are met. HRG will have to maintain the proper logs and
forms.

I propose we implement Situation #3 (board reviewers
can carry their own SECRET Laptops daily in & out of the
building). Establishing procedures for a LOG and the Form
4261 should not be a problem. We will need 2 or 3 HRG
staffers with media badges to fill out the form 4261 or to
escort the Board reviewers out of the building.

13-00000

CERTIFICATION FOR 6 MARCH 1995 ST/TK/G&B

David Marwell O80=30

Thomas J. Gunn -74-8907

Thomas E. Samoluk (030-50-1292 /
Sheryl Walter §06-80-0934

|
\
|
I
|


te
te
-_
-
~1

13-00000n4.06 95 THt 16234 FAX 202 7: 3 ARRB
ee | ; oor

ot

Assassination Records Review Board
600 E Street NW = 2nd Floor = Washington, DC 20530

MEMORANDUM

April 6, 1995

TO: Barry Harrelson, CIA Historical Review
Group

FROM: Tracy Shycoft, Administrative Officer

SUBJECT: Clearances Passed to CIA

Clearances were passed to the CIA Security Office, on Thursday, April 6, 1995 for the
following ARRB employees:

if

Mary McAuliffe, Supervisor Analyst SSN(G66-44-4357)
Michelle Seguin, Analyst SSN (976-688-5236 /

The clearances are at the Top Secret level and have been passed for a period of 1
year.

Additionally, Jeremy Gunn (SSNG29-74-8907) previously had his clearance passcd to
the CIA on January 18, 1995. If you need further information, please call me at the

number listed below,|
}

Telestione: (202) 724-0088 ® Facsimile: (202) 724-0457


13-00000

‘oo FOR OFFICIAL USE ONLY

11 April 1995

NOTE FOR THE FILE

SUBJECT: JFK Board/Security

1. On 11 April, I received a call from the Chief,
Domestic Programs Division, Office of Security Operations
((Bob McCants) on the status of the Board’s request for
Security Certification of their facility at 600 “E” Street.

2. Room 2617 in the Board's office is approved for
storing classified materials. The entire space controlled
by the Board will be approved once all of the Board’s staff
receives SCI clearances. Requests for SCI clearances should
be sent by the Board to HRG for forwarding to Director,
Office of Personnel Security.

3. (Andrew Smith from -Bob‘s office did the security
survey at 600 *E” Street on 9 March 1995. (Smith can be

reached through the Division's front office (x43437/ secure,
703-506-7437 open).

a

John Pereira

cc: File a“
Harrelson
Boyd |
C/HRG

FOR OFFICIAL USE ONLY

13-00000

|

{

| ADMINISTRATIVE - INTERNAL USE ONLY
| ;

|

|

NOTE FOR: J. Barry Harrelson @ DA
fGloria:M: Boyd\@ DA

‘Barbara‘A. Standley @ DA
FROM: John F- Pereira
DATE: 05/01/95 04:33:53 PM
SUBJECT: . JFK Board Staffer's Clearance

Office of Personnel Security, CIB called to pass clearance of following JFK Board Staffer:

Manuel Legaspi (need to check spelling)

68-53-8907

ce:

ADMINISTRATIVE - INTERNAL USE ONLY


13-00000

‘.

Assassination Records Review Board
600 E Street NW = 2nd Floor = Washington, DC 20530

June 14, 1995

Mr. John Pereira

Chief, Historical Review Group

CIA

1820 North Fort Myers

Arlington, VA 22209
Sil.

Dear Mr, Peréira: .

Drive

‘

Thave attached a list of ARRB employees who have been granted Top Secret clearances
based on SBIs conducted by the OPM/OFI. The ARRB received guidance from the
Department of Justice on the adjudication of the cases.

As we have discussed,

I would like to request that the CIA take the necessary action to

grant appropriate SCI clearances to these employees.

If you require further information, please contact either me or Tracy Shycoff,.our
Deputy Security Officer, at the number listed below. Thank you for your attention to

this matter.

avid G. Marwell
Executive Director

Telephone: (202) 724-0088 « Facsimile: (202) 724-0457


13-00000

Mr. John Pereira
June 14, 1995
Page two

Employee

Laura A. Denk
Philip D. Golrick
Manuel E. Legaspi
Mary S. McAuliffe
Eric N. Scheinkopf
Michelle M. Seguin
Robert J. Skwirot
Eileen A. Sullivan
Kevin G. Tiernan

Joan G. Zimmerman

SSN_

(509-82-4982._/

£930-08-5833)
460-62-8398')

Date of Adjudication

5/2/95
4/6/95
5/2/95
4/6/95
6/6/95
4/6/95
5/23/95
4/6/95
4/6/95

4/6/95

13-00000 ;
UO. SU. YU Pri UY.oL FAA aa 4f4 Vive ANKD wiuue
.

_ Assassination Records Review Board
600 E Street NW = 2nd Floor = Washington, DC 20530

June 30, 1995

Mr. John Pereira.
Chief, Historical Review Group
CIA .
41820 North Fort Myers Drive
Arlington, VA 22209
Dear Mr. Perera:
I have attached the second list.of ARRB employees who have been granted Top Secret
clearances based on SBIs conducted by the OPM/OFI. As with the others, the ARRB
teceived guidance from the Department of Justice on the adjudication of the cases.

\ ‘ .
As we have discussed, I would like to request that the CLA take the necessary action to
grant apprapniate SCI clearances to these employees.

Lf you require further information, please contact either me or Tracy Shycoff, our.
Deputy Security Officer, at the number listed below. .Thank you for your attention to
this matter.

avid G. Marwell
Executive Director

Telephone: (202) 724-0088 = Facsimile: (202) 724-0457


13-0QQ0Q,,- a FRI USL51 FAN 204 624 O457 AKRES. wa

Mr. John Pereira
June 29, 1995

Page two

Employee SSN Date of Adjudication
Christopher M. Barger 469-98-3261 - 6/20/95

Joseph P. Freeman ~ 186-48-3000 | 6/20/95

Noelle C. Gray “217-88-4242° 6/20/95

Tammi S. Long 249-21-0975 | 6/20/95

Charles.C. Rhodes (575-94-4810 7 6/20/95

Dennis J. Quinn -146-68-1454) 6/20/95

Valerie M. Sails 589-40-1874 © 6/20/95
tea . _

13-00000

Assassination Records Review Board
600 E Street NW - 2nd Floor *« Washington, DC 20530
(202) 724-0088 - Fax: (202) 724-0457

September 19, 1995

Mr. John Pereira

Chief, Historical Review Group
CIA

1820 North Fort Myers Drive
Arlington, VA 22209

Dear Mr, Petéira: Fok.

As we previously discussed, please initiate the necessary action to grant the appropriate
SCI clearances for Carolyn Carpenter, SSN(538-46-7574: Ms. Carpenter's file was
reviewed by the Department of Justice Personnel Security Office. The DoJ
recommended granting a Top Secret clearance and postponing a decision on SCI
pending a CIA review for special exception to DCI Directive 114, paragraph 5C, due to
foreign in-laws.

As you may recall from our conversation, Ms. Carpenter is a former CIA employee. I
would like to request that the investigation for her SCI clearance be given careful
consideration. It is extremely important to the Review Board that our clearances meet
the highest standards of the agencies with which we have dealings.

The Review Board has informed Ms. Carpenter that her employment is contingent upon
receiving the appropriate clearances. Therefore, I respectfully request that her case be
given top priority. If you need further information, please contact either me or Tracy
Shycoff, our Deputy Security Officer. Thank you for your assistance in this matter.

Sin ely,

(vt

David G. Marwell
Executive Director

Boarp Memeers: John A. Tunheim, Chair + Henry F. Graff + Kermit L. Hall + William L. Joyce * Anna K. Nelson
Executive Director: David G. Marwell

13-00000

~- Pad .

ECURE FACSIMILE iSMITTAL-FORM
CSI/HRG ° :
Room 404 “pate: 2.
“Amés Bldg;

oo . ~ . oan 4 .. eon pee
ENDING SECURE/FAX TELEPHONE NUMBER: —(/03 = 851-2114 /-

UECEIVING SECURE/FAX TELEPHONE NUMBER:

{UMBER OF PAGES (Including Transmittal Form and Coyersheet, if applicable)
7ROM: Ya COL MHC [CSE

i ame / Office / Extension ) ,
SUBJECT: ft _

tO: CADDRESSEE! / ORGANIZATION / OFFICE/ EXTENSION )

- (PRINTED, NAME)

RECEIVING STATION U N
Please receipt for maternal by entering time of receipUsignature and transmit back to sending station.

NATE / TIME: _ SIGNATURE:

rae —FOUVO

10.92 AWRA PCLASSIFICA TION OF MATERIAL FIA NSMIT TED:

13-00000

FOR OFFICIAL USE ONLY

20 September 1995

MEMORANDUM FOR: Chief, Clearance Division

FROM: John F. Pereira
Chief, Historical Review Group

SUBJECT: Request from JFK Assassination
Records Review Board

1. The JFK Assassination Records Review Board has
requested that CIA grant an SCI clearance to a former Agency
employee, Carolyn Carpenter. She is being considered for
employment with the Board. The request is attached.

2. The Board's request notes that the Justice
Department raised a question about the existence of foreign
in-laws in Ms. Carpenter's case. °

3. David Marwell, the Board's Executive Director, is
interested in knowing when a determination is likely to be
made on this jrequest. Please let me know what response we
should give to Mr. Marwell.

‘John F.Pereira


13-00000°

26 October 1995

As of now the person who is handling clearances for the

JFK Board is:

W. Curtis , (Curt) .Chaione:
£4033:5"/

(curt }talked with Marwell and set up procedures for

sending clearances requests directly to Curt.

o

~“


13-0000Q; 9 95

MEMORANDUM

November 29, 1995

5 WED 11:31 FAX zoe 724 0437 ARKD

Assassination Records Review Board
600 E Street NW - 2nd Floor - Washington, DC 20530
(202) 724-0088 - Fax: (702) 724-0457

TO: Barry Harrelson, CLA Historical Review -
Group
{
FROM: ‘Tracy Shycoff

. Associate Director for Administration
and Deputy Security Ofticer

SUBJECT: Passing Clearance

I passed the clearance to the CIA Security Office on Novernber 29, 1995, for the
tollowing ARRB employee for the purpose of reviewing documents related to the JFK
Assassination Records Collection Act held by the CIA:

Joseph P. Freeman

The clearance is at th

SSN (86-48-3000 | DOBA/2/56)
_ Place of Birth Pittsburgh, PA
Clearance Granted 6/20/95

e Top Secret level and has been passed tor a period of 1 year. If .

you need further information, please call me at the number listed above or contact
Mark in the CLA Security Oftice at 703-482-7330.

Boano Mimaras. Jonn A

funneim Chair + Henry &. Gratts Kermit &. Halls William Ll Joyce + Anng K. Nelson
Executive Ounectun: David G. Marwoll

uuz

13-00000

6 March 1996

/Roger Martin) DCI/Security, called today and stated that
clearances were passed for Dennis Quinn, {146-68-14543-he is

from the ARRB. He was granted TS clearance.

13-00000

JUL 16 9D YD 14h CLH/PUBLIL HERHIRS

MEMORANDUM FOR:

FROM:
Staff

SUBJECT: °

1. On Monday July 22,

18 July 1996

Chief /VAB/OS

Karen.Gilbert,
Public-Communication Branch, Public Affairs

i

| Headquarters Visitors -

| Presidential JFK Assassination Records
' Review Board

1996, seven members of the

Presidential JFK Assassination Records Review Board
(see attached sheet) will be visiting the Agency
from 10:00 am-12: 00pm along with two members of the

Center

2. They
been directed

parking directions.

‘They
OHB and the Exhibit Center and then taken to the EAA Store.
Following this they will depart.

3. FOR

for the Study of Intelligence.

will arrive in three personal cars. They have
to arrive at the vcc at 09:45 for badging and
They will be met at the OHB lobby by

Public Liaison Officer, Public Communications
will be given a tour of the first floor of the

SECURITY/ACCESS. Please notify the

Headquarters Receptionists and the Security Officers at the

Main Gate of the date and time of arrival.

visitors with

Please badge our
a Visitor Escort Required badges at. the

Visitor Control Center and direct them to the Old
Headquarters Building lobby entrance and to VIP parking.

4. FOR

OFFICE OF MEDICAL SERVICES. Please add them

to your visitors list for 22 July 1996.

5. FOR PROTECTIVE PROGRAMS GROUP.

Please inform the

Security officers at the 123 Entrance that the cars will be
dropping off the group at the OHB lobby entrance and to
direct them te parking in the VIP lot. —

6. T£ you have any further questions prior to the day

of the vizit,
date of the v
te the Public

please contact Earéh GLIbéEy on ¥51744) On the

visit, please direct anv questions or problems

Communications Branch on 482-0623.


13-00000

06/10/97 ‘YUE 11:21 FAA 202 724 0457 ARKB.

4

at 10n
A #

MEMORANDUM

June 10, 1997

Assassination Records Review Board
600 E Street NW - 2nd Floor « Washington, DC 20530
| (202) 724-0088 ~ Fax: (202) 724-0457 |

To: — CA Security Office
From: 7 Tracy Shycoff <>
Deputy Security Officer

Subject: Passing Clearances

I am passing the clearance for the following ARRB.employee for the purpose of
reviewing documents related to the JFK Assassination Records Collection Act held by

the CIA:

Douglas Horne

SSNQ85-543352’ ~  DOB5/19/52;-
Place of Birth Oceanside,CA
Clearance Granted 8/22/1995

The cleararice is at the Top Secret level and is to be passed through September 20, 1997
to Mr. John Pereira, Chief of the CLA Historical Review Group at 703-613-1805. If you
need further information, please call me at the number listed above.

"ee: Barbara Standley) CIA Historical Review Group

Boaro Memaers: John R. Tunh

‘

eim, Chair * Henry F. Graff + Kermit L. Hall » William L. Joyce - Anna K. Nelson
Executive Director: David G. Marwell

igjuuz

13-00000
UNCLASSIFIED
25 July 1997
MEMORANDUM FOR: J. Barry Harrelson
FROM: H John F. Pereira
OFFICE: OCICSIHRG
SUBJECT: 4 Assassination Records Review Board Visitors
REFERENCE: We alerted Eileen, Frank
| ~ 25 July 1997
.
MEMORANDUM FOR: | John F. Pereira
FROM: Roger L Martin)
OFFICE: DCIAREA SECURITY OFFICER
SUBJECT: 4 Assassination Records Review Board Visitors
REFERENCE: FYI/Retention.
CIB
Compartmented Information Branch
NOTE FOR:
DATE: 07/24/97 03:50:32 PM
SUBJECT: . 4 Assassination Records Review Board Visitors
The following ARRB employees will be meeting John Pereira (703)613-1805 on 28 Jul 97 and until 01 Aug 97.
Tracy Shycoff ssnx033.42 21447 TS
Thomas Samoluk SSN:030 50 1292” TS
David Marwell SSn-fanaa TO) TS, Si, TK, GAMMA) and AYE .
Thomas Gunn SSN:/529 74 8907 TS, SI, TK, and BYE =
UNCLASSIFIED


13-00000

Assassination Records Review Board
600 E Street NW - 2nd Floor » Washington, DC 20530
\ (202) 724-0088 + Fax: (202) 724-0457

MEMORANDUM

December 3, 1997 |

To: CIA Security Otfice

From: Tracy Shycoff aD
Deputy Security’ ‘Officer

Subject: Passing Clearanées

|
[am passing the clearance for'the following ARRB employee for the purpose of
reviewing documents related to the JFK Assassination Records Collection Act held by
the CIA:

|
Charles C. Rhodes SSN‘575-94-4810! DOB6/3/61}
Place of Birth Schenectady, NY
Cléarance Granted 6/20/1995

The clearance is at the Top Secret level and is to be passed through September 30, 1998

_to Mr. John Pereira, Chief of the CIA Historical Review Group at 703-613-1805. Please

note that the CIA holds Mr. Rhodes’ SCI clearance if it is needed by Mr. Pereira. If you
need further information, please call me at the number listed above.

|
cc: (Barbara Standley CIA Historical Review Group

a a

Boarp Memucas: John A. Tunheim, chbir ¢ Henry F. Graff + Kermit L. Hall » William L. Joyea » Anna K, Nelson
Executive Dinsectoa: 7. Jeremy Gunn - Deputy Dinecton: Thomas E. Samoluk


1

3500000

Ng

{

FOR OFFICIAL USE ONLY

ASSASSINATION BOARD

Address: 633 Indiana Ave., N.W.

Contacts

Space: GSA:
‘ ‘CIA:

Security

Cc es

Board

|
i
i

Patti Postelj, os

Calvin Snowden (202) -708-5702

x
(703) (506=7446 (open)

White House Office of General Counsel
Marvin Crisloff

(CIA: (Ed Howell, os  (x40206 4

Chairman - Jack Tunheim (612) 296-2351

FOR OFFICIAL USE ONLY

13-00000

11 September 1998

. MEMORANDUM FOR: Jim Oliver

C/HRG
FROM: (Martha Lutz?
Chief/Researe
!
SUBJECT: Secrecy Agreements with Commission Members

|
1. At your request, PRD searched its files to-find information on how secrecy
agreements have been handled vis a vis members of commissions dealing with

‘intelligence-related matters. There have been three instances of PRD interface with such

commissions. The first was in 1994 when the Joint Security Commission requested a

_PRB review on its report on Counterintelligence and Security Policies, Procedures and

Practices in the CIA in the aftermath of the Ames affair. There is no mention of
Commission membership or secrecy agreements in our files, and, in fact, the Commission
report was finally and properly re-reviewed by a different entity for official

declassification.

2. PRB was also asked to review the final report of the Commission on the Roles
and Capabilities of the U.S. Intelligence Commission (Brown Commission) in 1996.
Again there is no record of secrecy agreements with Board members in our files.

3. Finally and most recently, the Rumsfeld Commission to Assess the Ballistic
Missile Threat to the United States was established in 1998, and its members signed
secrecy agreements. John Hedley, PRB Chair, spoke with-the members in March,
explained pre-publication requirements and emphasized the Board’s and staff's
willingness to provide guidance and prompt responses to Board members. Since that
time, four of the nine Commission members have submitted a total of 12 manuscripts for
review.


13-00000

SECRET

CL BY: 6115436 )

CL REASON: Section 1.5 C
- DECL ON: X1.

prv FAM: HUM 4-82

To: __James R: Oliver@DA

FROM: € Ramona G. iona G. Dunri-C- @ DCI
OFFICE: EXDIA STAFF STAFF ° .
DATE: . 09/14/98 10: 59:51 AM

SUBJECT: E3Re: Status of JFK Issues/ARRB Meetings

Jim:
Thanks for the update which I will pass-on to the EXDIR. Which Agency staffers are the Board considering
deposing? Are they considering deposing officials at other agencies?

On a related issue: On Friday, Ma rty Boland}told me that we (White House, FBI, OIM) can’t find the
Board’s secrecy agreements. Were they located over the weekend?. If not, the EXDIR requests that OIM
obtain new signed agreements as soon as possible.

Thanks.

(Ramona
Original Text of James R. Oliver ;
Original Text of James R. Oliver

Dawn: Per our discussion this morning, attached is Barry's status report on the JFK Board actions. Jim O.

Original Text of J. Barry Harrelson
Original Text of J. Barry Harrelson

CL BY:(0611637.
t : CL REASON: Section 1.5 C
DECL ON: X1

DRvV FAM: HUM 4-82

14 September 1998

SECRET


13-00000

ADMINISTRATIVE - INTERNAL USE ONLY

From the Desk of R. Bruce Burke
Associate Deputy General Counsel!

NOTE FOR: = Marn : Marne Jensen- Kendrick @ DA

FROM: R. Bruce Burke
OFFICE: OFFICE OF GENERAL COUNSEL
DATE: 09/17/98 08:59:36 PM

SUBJECT: JFK Board Prepublication Review
Marne:
My comments in bold ( although my computer quit bolding in paragraph 5).

cae om NL Bruce

Lea Ce eee ae tee too

oo o——

ee er ~ a a -
A ae ATTORNEY/CLIENT COMMUNICATIONS J

fo

Boe.

Ramona,

\ . The following represents a summary of where we currently stand regarding the issue of
whether secrecy agreements were ever signed by the Assassination Records Review Board ("the

| Board"), and offers options to address that issue. Thus far, CIA security officials have conducted
diligent searches, both internally and externally (FBI, White House), to locate any secrecy
agreements that members of the Board may have signed. Those searches have been unsuccessful -
to date, no secrecy agreements have been found. We now intend to search selected Agency ‘
records systems to see if there exists any reference to, or indication of, particular secrecy
agreements that the Board members may have signed. We also will attempt to locate any secrecy
agreements the Board staff signed to see if that leads us to any secrecy agreements the members
may have signed. At this point, however, the likelihood that these actions will bear fruit are not
good.

1, ao

~ Our primary goal in this situation is to preserve our prepublication review rights with respect
to future writings of the Board members, in order to prevent the inadvertent release of classified
information (since it is unlikely that any member of the Board would knowingly reveal classified

information). {Before considering the options set forth below, it is worth noting that whatever © >
approach we take with the Board, we may encounter some hostility and resistance due to the ~
.. Board's unhappiness with our position concerning the final statement of compliance that we.’
‘ submitted to the Board. With that in mind, our options ares“ ne
1. Do and say nothing, and hope that the Board members will voluntarily submit any future
writings for prepublication review. . A

2. Provide a generic security exit briefing for the Board which mentions their continuing
obligation not to reveal classified information in any way, without specifically mentioning
prepublication review, and again hope that they will voluntarily submit any future writings for
prepublication review. ;

( 3. provide a specific security exit briefing for the Board which expressly mentions that they
‘ have a ligation to submit for prepublication review any future writings they plan to publish
(related to their work as Board members) as part of their obligation to protect classified information,

\ : we we os eee eee ee - - -

ADMINISTRATIVE - INTERNAL USE ONLY

13-00000

{— and hope the Board mem

be difficult to implement

legal consideration neces

information, to allow the

under the regulation.

cc: Martin J. Bolan

them with any signed secrecy agreements).
approach would be to have the Board execute an SCI debriefing statement, which includes a
prepublication clause, although it is limited to SCI material* *)

4. Have the Board members sign secrecy agreements on the way out. This option would

no sanctions for not signi
provide a benefit to the Agency, but not to the Board members, and therefore would not contain the

question of enforceability issue is not raised - essentially, amounting to another bluff.
5. We can rely o
in the mid-1980's, that appears to permit the Agency to write a regulation that requires

prepublication review of the possibly classified writings of non-ClA personnel given access to CIA

signed by the DCI, and then the Board would be briefed on their responsibilities and obligations

ADMINISTRATIVE - INTERNAL USE ONLY

|
bers do not ask for the source of this obligation (since we cannot provide
In essence we bluff the Board. (**A variation of this

as there would be no incentive for a Board member to sign it (there exist
ing), and it would be legally unenforceable (since the agreement would

Sary to establish a binding contract). We would have to hope that the

n language in the Snepp case, as interpreted by the Department of Justice

DCI to protect intelligence sources and methods. The regulation would be

i

d @ DA

Sent on 17 September 1998 at 08:59:36 PM

ADMINISTRATIVE - INTERNAL USE ONLY


13-00000

CONFIDENTIAL

1
I
'
|
\
'
i}
1
1
1

NOTE FOR: ‘/Ramona G. Dunn-C:/@ DCI

FROM: ROBruce Burke |
OFFICE: OFFICE OF GENERAL COUNSEL
DATE: 09/18/98 02:32:25 PM

SUBJECT: READ IMMEDIATELY: JFK Board/Secrecy Agreements Issue

ATTORNEY/CLIENT COMMUNICA TIONS

Ramona,

The following represents a summary of where we currently stand regarding the issue of whether
secrecy agreements were ever signed by the Assassination Records Review Board ("the Board’), and
offers options to address that issue. Thus far, CIA security officials have conducted diligent searches, both
internally and externally (FBI, White House), to locate any secrecy agreements that members of the
Board may have signed. Those searches have been unsuccessful - to date, no secrecy agreements have
been found. We are also searching selected Agency records systems to see if there exists any reference
to, or indication of, particular secrecy agreements that the Board members may have signed. In addition,
we are attempting to locate any secrecy agreements the Board staff signed to see if that leads us to any
secrecy agreements the members may have signed. At this point, however, the likelihood that these
actions will bear fruit are not good. Moreover, this effort has been complicated by the fact that, at the
outset, the FBI was given responsibility for the security clearance process relating to the Board. —_

Our primary goal in this situation is to preserve our prepublication review rights with respect to
future writings of the Board members and staffers, in order to prevent the inadvertent release of classified
information (since it is unlikely that any member of the Board or its staff would knowingly reveal classified
information). The last meeting of the Board will take place on 23 September, and the Board will be out of
business as of 1 October. If we wish to address the Board on this issue as a group, the 23 September

meeting will be our last opp rtunity to do so.f Otherwise we will:have to deal with each Board member and
LZ statter indies Fata Bal (ore considering the options set forth below, it is worth noting that whatever
approach we take with the Board, we may encounter some hostility and resistance due to the Board’s
unhappiness with our position conceming the final statement of compliance that we submitted to the

Board. With that in mind, our options are:

1. Do and say nothing, and hope that Board members and staffers will voluntarily submit any
future writings for prepublication review.

2. Provide a generic security exit briefing for the Board which mentions their continuing obligation
not to reveal classified information in any way, without specifically mentioning prepublication review, and
again hope that they will voluntarily submit any future writings for prepublication review. Board members
and staffers sign nothing. \

3. Provide a generic security exit briefing for the Board which mentions their continuing obligation
not to reveal classified information in any way, and also makes available our prepublication review services
to assist them in this regard, if requested, with respect to any future writings (related to their work as Board
members or staffers). Board members and staffers sign nothing. The success of this option depends
upon the willingness of Board members and staffers to voluntarily submit any future writings for
prepublication review.

. 4, Provide a specific security exit briefing for the Board which expressly mentions that they have
an obligation to submit for prepublication review any future writings they plan to publish (related to their
work as Board members or staffers) as part of their obligation to protect classified information, and hope
= Board does not ask for|the source of this obligation (since we cannot provide them with any signed _

.| secrecy agreements). In essence, we bluff the Board. Board members and staffers sign nothing.

CONFIDENTIAL


13-00000

CONFIDENTIAL

Pees _ ee gee oe ES mp sie EEE
i

5. In lieu of a security exit briefing, send each Board member and staffer a letter which expressly
mentions that they have an|obligation to submit for prepublication review any future writings they plan to
publish (related to their work as Board members or staffers) as part of their obligation to protect classified
information. This approach would make it more inconvenient for the Board to probe for the source of this
obligation (which we would'be unable to produce since we have not found any signed secrecy
agreements). Again, we bluff the Board. Board members and staffers sign nothing.

6. Ask Board members and staffers to sign secrecy agreements on their way out. This option
could be difficult to implement as there would be no incentive for a Board member to sign it (there exist no
sanctions for not signing), although Board staffers have indicated they would support this approach.
Generally speaking, a secrecy agreement signed on the eve of separation from.government service would
be legally unenforceable (since the agreement would provide a benefit to the Agency, but not to Board
membeis or staffers, and therefore would not contain the legal consideration necessary to esiablish a
binding contract). However, in this case, if the agreement was modified to indicate that it merely reduced
to writing understandings which had been previously agreed to by the Board, we would have a strong
argument the agreement was legally binding. Of course, this option would alert the Board to the fact that
we do. not have any secrecy agreements previously signed by the Board. Even if the Board agrees to sign
new secrecy agreements before they disband, nothing would preclude them from disputing the

enforceability of the agreements at a later date.

|
6. We can rely on language in the Snepp case, as interpreted by the Department of Justice in the
mid-1980’s, that appears to permit the DCI to write a regulation to protect intelligence sources and
methods by requiring prepublication review of the possibly classified writings of non-CIA personnel who
have served in positions of special trust and have been given access to CIA information. The regulation
would be signed by the DCI, and promulgated immediately. Then the Board would be briefed on their
responsibilities and obligations under the regulation. Of course, nothing would preclude the Board from
disputing the validity of sucha regulation at a later date.

None of the above options guarantee success. However, | have discussed these options with
Dawn Eilenberger, and we believe that Option #__ is the best approach to take. OIM concurs. Please let
me Know how we should proceed, since our last chance to deal with the Board as a group will be at their

23 September meeting.

ce:

ce: |
Sent on 18 September 1998 at 04:31:51 PM

CONFIDENTIAL


13-00000

MEMORANDUM FOR:

FROM:

OFFICE:

SUBJECT:

_ REFERENCE:

Jim:

CONFIDENTIAL

CL BY:(0681401_/
CL REASON: Section 1.5 C
DECL ON: X1

orv Fru: COV 1-82

18 September 1 998
James R. Oliver@ DA
R. Bruce Burke @ DCI
Associate Deputy General Counsel
OFFICE OF GENERAL COUNSEL
READ IMMEDIATELY: JFK Board Secrecy Agreements Issue

Note Appended Below

Please read and let me know which option you prefer in light of my rewrite.

Original Text of R. Bruce Burke
Original Text of R. Bruce Burke

Bruce

CL BY:{0681401.

CL REASON: Section 1.5 C
DECL ON: X1

prv FAM: COV 1-82

From the Desk of R. Bruce Burke
Associate Deputy General Counsel

CONFIDENTIAL

13-00000

SECRET

CL BY: 2115436

CL REASON: Section 1.5 C
DECL ON: X1

Dav FRM: COV 2-87

TO: R. Bruce Burke @DCI
FROM: @ DCI
OFFICE: EXDIR STAFF

DATE: 09/21/98 05:44:25 PM

SUBJECT: (JFK Board Secrecy Agreements Issue

Bruce:
The EXDIR concurs with the OGC recommended option (#5) , provided that the letter is low-key and

‘stresses that the pre-publication review "obligation" is standard operating procedure. Additionally, he
requests the opportunity to view the letter in draft. Thanks. ©

‘Ramona

(Option 5. In lieu of a security exit briefing, send each Board member and staffer a letter which expressly
mentions that they have an obligation to submit for prepublication review any future writings they plan to
publish (related to their work as Board members or staffers) as part of their obligation to protect classified
information. This approach would make it more inconvenient for the Board to probe for the source of this
obligation (which we would be unable to produce since we have not found any signed secrecy
agreements). Again, we bluff the Board. Board members and staffers sign nothing.)

cc: Dawn R. Eilenberger@ DCI, Valerie O. Patlersory@DCI, Rober J. Eatinger@DCI,

DiAlessans DCI ‘(Martin J. ‘Seante DA, jamie Jensen-Kendric
Sent on 21 September 1998 at 05:44:25 PM

SECRET


13-00000

q

the Central Intelligence Agency.

SEP.11.1998 2:41PM NO. G32 P.2

“TA if (print full name), hereby agree to accept as a prior condition of my
being employed by, or otherwise reuined to valam services for, the Central Intelligence Agency, or for staff elements of the
Director of Central Intelligence (hereinafter collectively referred to ps the “Central Intelligence Agency’’), the obligations
contained in this agreement |

2. I understand that in the course of my employment or other service with the Central Intelligence Agency I may be
lgiven access to information or material that is classified or is in the process of a classification determination in accordance
| lhe the standards set forth in Executive Order 12958 as amended or superseded, or other applicable Executive order, that if
‘distlosed in an unauthorized manner would jeopardize intelligence activities of the United States Government. I acoepr thar by
‘being granted access to such information or material I will be placed in 2 position of special confidence and trust and besome
obligated to protect the information and/or material from unauthorized disclosure,

3. In consideration for being employed or otherwise retained to provide services to the ‘Central Intelligence Agency, I
hereby agree that I will never disclose i in any form or-any.manner,.t0 any person not authorized by the Central Intelligence
Agency to receive it, any ioformation or material in either of the-following categories:

a, information or material received or obtained in the course of my employment or other service. with the Central
Intelligence Agency that is marked as classified or thar knowyis Classified;

b. information or material recaived or obtaihed in ne coarse be my employment or other service with the Central
Intelligence Agency that I know is in the process\of a\clessification determination.

4, I understand that it is my responsibility to comsult with, appropriate Management authorities in the component or
i te that employs me or has remined my services, or with, the Central Intelligence Agency’s Publications Review Board
if I am no longer employed by or associated with the Agency, in order to ensure that | know: 5) whether information or material
within my knowledge or cont ther have reason to believe might be in either of the categories set forth in paragraph 3 is
considered by the seal Intelligenca.Agency to fit in elther of those categories} and, 2) ,whon i
receive such inf cir-matérialcy »

S. As a forther ied on ofthe special confid Ge'fy the Cenpfal Intelltfénce Agency, I here-

‘py agree to submit for ‘Contral Iptellie ; i presaration_i any form, including 2
ork of fiction, which conte P intelligence dare iv} inf arty 9 mation of material that

ight be based upon either G publicly or that f have

hcrually prepared for public ¢
t any time thereafter, prior to°di
« forth in paragraph 3. I fi
ane: to do so from

Intelligence Agency or
ave access to the categories.
itil 1 have received written

6. I understand that the i j Intelligence Agency an

pportunity to determié : i ii mite nechen ot & publicly contai any information

material thet. have/pgreed : eg seeti and make a

ponse to me within’ adfalas spe on the basis

at the information gt fmiteri ‘al apo a, nt ically identify such

ources. My failie Srrefisdh to do a result in denial of pani lhc oe sel information
br material in dig Sal epi ligne Et iy ms

Vt understand peal hat I may ‘acquire in th oquyse of my iment of other service with
the Central Talla! pes 4 tata withed oft ¢ categories sot forth in psariph 3 of this. cgi are and will remain

the property of the United ‘Statéd’ Government unless ahd until otherwise’ determined by an appropriate official or final ruling
of a court of law. I agree to surrender anything constituting, containing of reflecting such information or material upon demiand
by an appropriate official of the Contra! Intelligence Agency, or upon the conclusion of my employment or other service with

|
8. I agree to notify the Central Intelligence Agency immediately in the event that 1 am called upon by judicial or con-
gressional authorities, or by specially established investigatory bodies of the executive branch, to testify about, or provide, in-
formation or material that I have agreed herein not to disclose. In any communication with any such authority or body, I shall
observe all applicable mules or procedures for ensuring that such information and/or material is handled in a secure manner.

- 9. T understand that nothing contained in this agreement prohibits me from reporting intelligence activities that I con-
sider to be unlawful or improper directly to the Intelligence Oversight Board established by the President, or to any successor
body that the President may establish, o or to the Select Comminee on Intelligence of the House of Representatives or the Senate.
I recognize that there are also established procedures for bringing such matters to the attention of the Agency's Inspector
General or to the Direotor of Central Intelligence. In making any report referred to in this paragraph, | will observe all applicable
rules or procedures for ensuring the secure handling of any information or material thar may be involved, I understand that
lany such information or material continues to be subject to this agreement for all other purposes and that such reporting does

ot constitute public ¢ disclo; or declassification of that iaformation or material.
FORM amo. , COSOLRTE PREVIOUS = a

eee ee ee _ —_ +
awe eee


13-00000
; SEP.11.1998 2:43PM ; NO. 832 3
ss ne :

yistrative action against me, which can include temporary loss of pay or termination of my coplppraeat or other service with ©
the Central Intelligence Agency.:I also understand that if I violate the terms of this agreement, the United States Government

‘| may institute a civil proceeding to seek compensatory damages or other appropriate relief. Further, I understand that the

disclosure of information that I have agreed herein not to disclose can, in some circumstances, constitute a criminal offense.

11. [understand thar-the United States Government may, prior to. any unauthorized disclosure that is threatened by me,
choose to apply to any appropriate court for an order enforcing this agreement. Nothing in this agreernent constitutes a waiver
on the part of the United States to instinte a civil or criminal proceeding for any breach of this agreement by me. Nothing in
this agreement constitutes a wavier on my part of any possible defenses I may have in connection with either civil or criminal
proceedings that may be brought against me.

12. In addition to any other remedy to which the United States Government may become entitled, I hereby assign to the

United States Government all rights, title, and interest in any and all royalties, remunerations, and emoluments that have resulted
or Will result or may result from any divulgence, publication or revelation of information or material by me that is casried out
in‘breach of paragraph 5 of this agreement or that involves information or material prohibited from disclosure by the terms of

| this agreement.

13. I understand and accept that, unless I'am provided a written release from this. agreement or any portion of it by the
Director of Central Intelligence or the Director’s representative, all the conditions and obligations accepted by me-in this agree-
| ment apply both during my employment or other service with the Central Intelligence Agency, and at all times thereafter.

14. I understand that the purpose of this agreement is to implement the responsibilities of the Director of Central Intel-
ligence, particularly the responsibility to protect intelligence sources and methods, as specified in the National Security Act of
1947, as amended.

15. These restrictions are consistent with and do not supersede conflict with or otherwise alter the employee obligations
: rights or liahilities created by Executive Order 12958; section 7211 of title 5, United States Code (governing disclosures to
.. Congress); section 1034 of title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing
~ disclosure to Congress. by members;.of the Military); section 2302(b)(8) of title 5, United States Code, as amended by the
. Whistleblower Protection Act (governing ‘disclosures of illegality, waste, fraud, abuse or public health or safety threats); the
*" Intelligence Identities Protection Act of 1982 (50 U.S.C., 421 et seq.) (governing disclosures that could expose confidential
Government agents), and the statutes which protect against disclosure that may compromise the national security, including
section 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities. Act of 1950
(50 U.S.C. section 783(b)). The definitions, requirements, obligations, rights, sanctions and liabilities created by said Executive
“Order and listed statutes are incorporated into this Agreement and are controlling.

16. I understand that nothing in this agreement: limits or otherwise affects any provision of criminal or other law that
may be applicable to the unauthorized disclosure of classified information, including the espionage laws (sections 793, 794 and :
798 of Title 18, United States (Code): and the Intelligence Identities Protection Act of 1982 (P.L. 97-200; 50 US Cn 42le .
seq.).

17. Each of the numbered paragraphs and lettered subparagraphs of this agreement is severable. If a court. should find /
any of the paragraphs or subparagraphs of this agreement to be unenforceable, [ understand that all remaining provisions will
continue in full force. -

<a 18. I make this agreement in good faith, and with no purpose of evasion.
19. This agreement shall be interpreted under and in conformance with the law of the United States.

Signature

- Date
(The execution of this agreement was witnessed by the undersigned, who accepted it on behalz of. the Central Tatelligence
Agency as a prior condition of the employment or other service of the person whose signature appears above.

| WITNESS AND ACCEPTANCE:

Signature


